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Communtity Law Manual | Accident compensation (ACC) | Injuries caused by medical treatment: “Treatment injuries”

When you’re covered by ACC, and when you’re not

Injuries caused by medical treatment: “Treatment injuries”

Accident Compensation Act 2001, ss 32, 33

You’re covered by ACC if you suffer an injury while getting medical treatment from a doctor or other health professional. The cover doesn’t include things that are a necessary part or ordinary consequence of the treatment. You’ll also be covered if the medical staff failed to give you medical treatment when you needed it.

You don’t have to show that the doctor or other health professional made a mistake when they treated you.

Treatment injuries include infections that are passed directly to some other person (for example, a partner or child).

You won’t be covered if your injury was caused by an underlying health condition, or by you unreasonably withholding or delaying your consent to treatment. You also won’t be covered if your injury was caused by a lack of medical services as a result of resourcing decisions made in the health sector – for example, if a hospital emergency department has been closed down.

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